개정 소년법 신설제도의 문제점 및 개선방안

Abstract

The New Revised Juvenile Act introduces several important provision for juvenile offenders. they are the Protective Disposition(1 month, short time and long time in Juvenile Training School), Recommendation toward Reconciliation, the Investigation System before prosecutors judgement, The Training Programs etc. Among them which The New Revised Juvenile Act introduces, newly established system is the Protective Disposition No.8,(which is the Protective Disposition in the Institution for Delinquent Juveniles) and another ist the provision of "recommendation toward reconciliation(§25-3)" in order to permit the greater use be made of alternative responses outside the youth court process. Although the New Law is not explicitly mentioned "restorative justice", it is reflected in the recognition of restorative justice, through the provision of "recommendation toward reconciliation" functions. Juveniles should be the target of protection rather than punishment even if they commit a crime, because they are an immature being and are easy to be influenced by environment. New Rrevised Juvenile Law was revised in Korea and created provisions to strengthen human rights for juvenile. The Protective Disposition, Juvenile Probation and Parole has been carried out, based on lots of laws and regulations. The recent amendment of Juvenile law will cause a lot of changes for The Protective Disposition, Juvenile Probation and Parole since they are mainly based on Juvenile law. There are neverthless some challenges to be resolved in order to operate these new systems. First, In the investigation system before prosecutors' judgement, the objectivity should be maintained so that the investigation may be done objectively. Second, The Training Programs should be developed in order to enhance expertise of the juvenile prosecutor, juvenile judge and juvenile investigator. Third, the purpose of The Protective Disposition is to prevent juveniles in the early stage of delinquency from committing recidivism through offering the open treatment based on character-building education. Fourth, to solve these problems, specialized organizations for juvenile delinquent such as Department of Justice should appoint certain private facilities so that the facilities should be intensively managed and supervised. Last, for the disposition of Juvenile Protection, several programs should be developed,This study suggested the alternatives to improve the effectiveness of the Protective Disposition. The perception of the disposition should be reshaped to impose this disposition on proper juveniles who is in early stage of delinquency.